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S. B. No. 54 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
To amend sections 2151.353, 2151.354, and 2152.19 and
to enact section 3109.90 of the Revised Code to
require that any privately run non-Ohio agency,
home, school, camp, institution, or other entity
or residential facility to which Ohio abused,
neglected, dependent, unruly, or delinquent
children are committed comply with the same
standards that are applicable to in-state
agencies, homes, schools, camps, institutions, or
other entities or residential facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.353, 2151.354, and 2152.19 be
amended and section 3109.90 of the Revised Code be enacted to read
as follows:
Sec. 2151.353. (A) If a child is adjudicated an abused,
neglected, or dependent child, subject to section 3109.90 of the
Revised Code, the court may make any of the following orders of
disposition:
(1) Place the child in protective supervision;
(2) Commit the child to the temporary custody of a public
children services agency, a private child placing agency, either
parent, a relative residing within or outside the state, or a
probation officer for placement in a certified foster home, or in
any other home approved by the court;
(3) Award legal custody of the child to either parent or to
any other person who, prior to the dispositional hearing, files a
motion requesting legal custody of the child or is identified as a
proposed legal custodian in a complaint or motion filed prior to
the dispositional hearing by any party to the proceedings. A
person identified in a complaint or motion filed by a party to the
proceedings as a proposed legal custodian shall be awarded legal
custody of the child only if the person identified signs a
statement of understanding for legal custody that contains at
least the following provisions:
(a) That it is the intent of the person to become the legal
custodian of the child and the person is able to assume legal
responsibility for the care and supervision of the child;
(b) That the person understands that legal custody of the
child in question is intended to be permanent in nature and that
the person will be responsible as the custodian for the child
until the child reaches the age of majority. Responsibility as
custodian for the child shall continue beyond the age of majority
if, at the time the child reaches the age of majority, the child
is pursuing a diploma granted by the board of education or other
governing authority, successful completion of the curriculum of
any high school, successful completion of an individualized
education program developed for the student by any high school, or
an age and schooling certificate. Responsibility beyond the age of
majority shall terminate when the child ceases to continuously
pursue such an education, completes such an education, or is
excused from such an education under standards adopted by the
state board of education, whichever occurs first.
(c) That the parents of the child have residual parental
rights, privileges, and responsibilities, including, but not
limited to, the privilege of reasonable visitation, consent to
adoption, the privilege to determine the child's religious
affiliation, and the responsibility for support;
(d) That the person understands that the person must be
present in court for the dispositional hearing in order to affirm
the person's intention to become legal custodian, to affirm that
the person understands the effect of the custodianship before the
court, and to answer any questions that the court or any parties
to the case may have.
(4) Commit the child to the permanent custody of a public
children services agency or private child placing agency, if the
court determines in accordance with division (E) of section
2151.414 of the Revised Code that the child cannot be placed with
one of the child's parents within a reasonable time or should not
be placed with either parent and determines in accordance with
division (D)(1) of section 2151.414 of the Revised Code that the
permanent commitment is in the best interest of the child. If the
court grants permanent custody under this division, the court,
upon the request of any party, shall file a written opinion
setting forth its findings of fact and conclusions of law in
relation to the proceeding.
(5) Place the child in a planned permanent living arrangement
with a public children services agency or private child placing
agency, if a public children services agency or private child
placing agency requests the court to place the child in a planned
permanent living arrangement and if the court finds, by clear and
convincing evidence, that a planned permanent living arrangement
is in the best interest of the child and that one of the following
exists:
(a) The child, because of physical, mental, or psychological
problems or needs, is unable to function in a family-like setting
and must remain in residential or institutional care now and for
the foreseeable future beyond the date of the dispositional
hearing held pursuant to section 2151.35 of the Revised Code.
(b) The parents of the child have significant physical,
mental, or psychological problems and are unable to care for the
child because of those problems, adoption is not in the best
interest of the child, as determined in accordance with division
(D)(1) of section 2151.414 of the Revised Code, and the child
retains a significant and positive relationship with a parent or
relative.
(c) The child is sixteen years of age or older, has been
counseled on the permanent placement options available to the
child, is unwilling to accept or unable to adapt to a permanent
placement, and is in an agency program preparing the child for
independent living.
(6) Order the removal from the child's home until further
order of the court of the person who committed abuse as described
in section 2151.031 of the Revised Code against the child, who
caused or allowed the child to suffer neglect as described in
section 2151.03 of the Revised Code, or who is the parent,
guardian, or custodian of a child who is adjudicated a dependent
child and order any person not to have contact with the child or
the child's siblings.
(B) No order for permanent custody or temporary custody of a
child or the placement of a child in a planned permanent living
arrangement shall be made pursuant to this section unless the
complaint alleging the abuse, neglect, or dependency contains a
prayer requesting permanent custody, temporary custody, or the
placement of the child in a planned permanent living arrangement
as desired, the summons served on the parents of the child
contains as is appropriate a full explanation that the granting of
an order for permanent custody permanently divests them of their
parental rights, a full explanation that an adjudication that the
child is an abused, neglected, or dependent child may result in an
order of temporary custody that will cause the removal of the
child from their legal custody until the court terminates the
order of temporary custody or permanently divests the parents of
their parental rights, or a full explanation that the granting of
an order for a planned permanent living arrangement will result in
the removal of the child from their legal custody if any of the
conditions listed in divisions (A)(5)(a) to (c) of this section
are found to exist, and the summons served on the parents contains
a full explanation of their right to be represented by counsel and
to have counsel appointed pursuant to Chapter 120. of the Revised
Code if they are indigent.
If after making disposition as authorized by division (A)(2)
of this section, a motion is filed that requests permanent custody
of the child, the court may grant permanent custody of the child
to the movant in accordance with section 2151.414 of the Revised
Code.
(C) If the court issues an order for protective supervision
pursuant to division (A)(1) of this section, the court may place
any reasonable restrictions upon the child, the child's parents,
guardian, or custodian, or any other person, including, but not
limited to, any of the following:
(1) Order a party, within forty-eight hours after the
issuance of the order, to vacate the child's home indefinitely or
for a specified period of time;
(2) Order a party, a parent of the child, or a physical
custodian of the child to prevent any particular person from
having contact with the child;
(3) Issue an order restraining or otherwise controlling the
conduct of any person which conduct would not be in the best
interest of the child.
(D) As part of its dispositional order, the court shall
journalize a case plan for the child. The journalized case plan
shall not be changed except as provided in section 2151.412 of the
Revised Code.
(E)(1) The court shall retain jurisdiction over any child for
whom the court issues an order of disposition pursuant to division
(A) of this section or pursuant to section 2151.414 or 2151.415 of
the Revised Code until the child attains the age of eighteen years
if the child is not mentally retarded, developmentally disabled,
or physically impaired, the child attains the age of twenty-one
years if the child is mentally retarded, developmentally disabled,
or physically impaired, or the child is adopted and a final decree
of adoption is issued, except that the court may retain
jurisdiction over the child and continue any order of disposition
under division (A) of this section or under section 2151.414 or
2151.415 of the Revised Code for a specified period of time to
enable the child to graduate from high school or vocational
school. The court shall make an entry continuing its jurisdiction
under this division in the journal.
(2) Any public children services agency, any private child
placing agency, the department of job and family services, or any
party, other than any parent whose parental rights with respect to
the child have been terminated pursuant to an order issued under
division (A)(4) of this section, by filing a motion with the
court, may at any time request the court to modify or terminate
any order of disposition issued pursuant to division (A) of this
section or section 2151.414 or 2151.415 of the Revised Code. The
court shall hold a hearing upon the motion as if the hearing were
the original dispositional hearing and shall give all parties to
the action and the guardian ad litem notice of the hearing
pursuant to the Juvenile Rules. If applicable, the court shall
comply with section 2151.42 of the Revised Code.
(F) Any temporary custody order issued pursuant to division
(A) of this section shall terminate one year after the earlier of
the date on which the complaint in the case was filed or the child
was first placed into shelter care, except that, upon the filing
of a motion pursuant to section 2151.415 of the Revised Code, the
temporary custody order shall continue and not terminate until the
court issues a dispositional order under that section. In
resolving the motion, the court shall not order an existing
temporary custody order to continue beyond two years after the
date on which the complaint was filed or the child was first
placed into shelter care, whichever date is earlier, regardless of
whether any extensions have been previously ordered pursuant to
division (D) of section 2151.415 of the Revised Code.
(G)(1) No later than one year after the earlier of the date
the complaint in the case was filed or the child was first placed
in shelter care, a party may ask the court to extend an order for
protective supervision for six months or to terminate the order. A
party requesting extension or termination of the order shall file
a written request for the extension or termination with the court
and give notice of the proposed extension or termination in
writing before the end of the day after the day of filing it to
all parties and the child's guardian ad litem. If a public
children services agency or private child placing agency requests
termination of the order, the agency shall file a written status
report setting out the facts supporting termination of the order
at the time it files the request with the court. If no party
requests extension or termination of the order, the court shall
notify the parties that the court will extend the order for six
months or terminate it and that it may do so without a hearing
unless one of the parties requests a hearing. All parties and the
guardian ad litem shall have seven days from the date a notice is
sent pursuant to this division to object to and request a hearing
on the proposed extension or termination.
(a) If it receives a timely request for a hearing, the court
shall schedule a hearing to be held no later than thirty days
after the request is received by the court. The court shall give
notice of the date, time, and location of the hearing to all
parties and the guardian ad litem. At the hearing, the court shall
determine whether extension or termination of the order is in the
child's best interest. If termination is in the child's best
interest, the court shall terminate the order. If extension is in
the child's best interest, the court shall extend the order for
six months.
(b) If it does not receive a timely request for a hearing,
the court may extend the order for six months or terminate it
without a hearing and shall journalize the order of extension or
termination not later than fourteen days after receiving the
request for extension or termination or after the date the court
notifies the parties that it will extend or terminate the order.
If the court does not extend or terminate the order, it shall
schedule a hearing to be held no later than thirty days after the
expiration of the applicable fourteen-day time period and give
notice of the date, time, and location of the hearing to all
parties and the child's guardian ad litem. At the hearing, the
court shall determine whether extension or termination of the
order is in the child's best interest. If termination is in the
child's best interest, the court shall terminate the order. If
extension is in the child's best interest, the court shall issue
an order extending the order for protective supervision six
months.
(2) If the court grants an extension of the order for
protective supervision pursuant to division (G)(1) of this
section, a party may, prior to termination of the extension, file
with the court a request for an additional extension of six months
or for termination of the order. The court and the parties shall
comply with division (G)(1) of this section with respect to
extending or terminating the order.
(3) If a court grants an extension pursuant to division
(G)(2) of this section, the court shall terminate the order for
protective supervision at the end of the extension.
(H) The court shall not issue a dispositional order pursuant
to division (A) of this section that removes a child from the
child's home unless the court complies with section 2151.419 of
the Revised Code and includes in the dispositional order the
findings of fact required by that section.
(I) If a motion or application for an order described in
division (A)(6) of this section is made, the court shall not issue
the order unless, prior to the issuance of the order, it provides
to the person all of the following:
(1) Notice and a copy of the motion or application;
(2) The grounds for the motion or application;
(3) An opportunity to present evidence and witnesses at a
hearing regarding the motion or application;
(4) An opportunity to be represented by counsel at the
hearing.
(J) The jurisdiction of the court shall terminate one year
after the date of the award or, if the court takes any further
action in the matter subsequent to the award, the date of the
latest further action subsequent to the award, if the court awards
legal custody of a child to either of the following:
(1) A legal custodian who, at the time of the award of legal
custody, resides in a county of this state other than the county
in which the court is located;
(2) A legal custodian who resides in the county in which the
court is located at the time of the award of legal custody, but
moves to a different county of this state prior to one year after
the date of the award or, if the court takes any further action in
the matter subsequent to the award, one year after the date of the
latest further action subsequent to the award.
The court in the county in which the legal custodian resides
then shall have jurisdiction in the matter.
Sec. 2151.354. (A) If the child is adjudicated an unruly
child, subject to section 3109.90 of the Revised Code, the court
may:
(1) Make any of the dispositions authorized under section
2151.353 of the Revised Code;
(2) Place the child on community control under any sanctions,
services, and conditions that the court prescribes, as described
in division (A)(4) of section 2152.19 of the Revised Code,
provided that, if the court imposes a period of community service
upon the child, the period of community service shall not exceed
one hundred seventy-five hours;
(3) Suspend the driver's license, probationary driver's
license, or temporary instruction permit issued to the child for a
period of time prescribed by the court and suspend the
registration of all motor vehicles registered in the name of the
child for a period of time prescribed by the court. A child whose
license or permit is so suspended is ineligible for issuance of a
license or permit during the period of suspension. At the end of
the period of suspension, the child shall not be reissued a
license or permit until the child has paid any applicable
reinstatement fee and complied with all requirements governing
license reinstatement.
(4) Commit the child to the temporary or permanent custody of
the court;
(5) Make any further disposition the court finds proper that
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the
Revised Code;
(6) If, after making a disposition under division (A)(1),
(2), or (3) of this section, the court finds upon further hearing
that the child is not amenable to treatment or rehabilitation
under that disposition, make a disposition otherwise authorized
under divisions (A)(1), (4), (5), and (8) of section 2152.19 of
the Revised Code that is consistent with sections 2151.312 and
2151.56 to 2151.61 of the Revised Code.
(B) If a child is adjudicated an unruly child for committing
any act that, if committed by an adult, would be a drug abuse
offense, as defined in section 2925.01 of the Revised Code, or a
violation of division (B) of section 2917.11 of the Revised Code,
in addition to imposing, in its discretion, any other order of
disposition authorized by this section, subject to section 3109.90
of the Revised Code, the court shall do both of the following:
(1) Require the child to participate in a drug abuse or
alcohol abuse counseling program;
(2) Suspend the temporary instruction permit, probationary
driver's license, or driver's license issued to the child for a
period of time prescribed by the court. The court, in its
discretion, may terminate the suspension if the child attends and
satisfactorily completes a drug abuse or alcohol abuse education,
intervention, or treatment program specified by the court. During
the time the child is attending a program as described in this
division, the court shall retain the child's temporary instruction
permit, probationary driver's license, or driver's license, and
the court shall return the permit or license if it terminates the
suspension.
(C)(1) If a child is adjudicated an unruly child for being an
habitual truant, in addition to or in lieu of imposing any other
order of disposition authorized by this section, subject to
section 3109.90 of the Revised Code, the court may do any of the
following:
(a) Order the board of education of the child's school
district or the governing board of the educational service center
in the child's school district to require the child to attend an
alternative school if an alternative school has been established
pursuant to section 3313.533 of the Revised Code in the school
district in which the child is entitled to attend school;
(b) Require the child to participate in any academic program
or community service program;
(c) Require the child to participate in a drug abuse or
alcohol abuse counseling program;
(d) Require that the child receive appropriate medical or
psychological treatment or counseling;
(e) Make any other order that the court finds proper to
address the child's habitual truancy, including an order requiring
the child to not be absent without legitimate excuse from the
public school the child is supposed to attend for five or more
consecutive days, seven or more school days in one school month,
or twelve or more school days in a school year and including an
order requiring the child to participate in a truancy prevention
mediation program.
(2) If a child is adjudicated an unruly child for being an
habitual truant and the court determines that the parent,
guardian, or other person having care of the child has failed to
cause the child's attendance at school in violation of section
3321.38 of the Revised Code, in addition to any order of
disposition authorized by this section, all of the following
apply:
(a) The court may require the parent, guardian, or other
person having care of the child to participate in any community
service program, preferably a community service program that
requires the involvement of the parent, guardian, or other person
having care of the child in the school attended by the child.
(b) The court may require the parent, guardian, or other
person having care of the child to participate in a truancy
prevention mediation program.
(c) The court shall warn the parent, guardian, or other
person having care of the child that any subsequent adjudication
of the child as an unruly or delinquent child for being an
habitual or chronic truant may result in a criminal charge against
the parent, guardian, or other person having care of the child for
a violation of division (C) of section 2919.21 or section 2919.24
of the Revised Code.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child, subject to section 3109.90 of the Revised Code, the court
may make any of the following orders of disposition, in addition
to any other disposition authorized or required by this chapter:
(1) Any order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused, neglected,
or dependent child;
(2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent children by the county, by a district organized under
section
2152.41 2151.65 or 2151.65 2152.41 of the Revised Code, or
by a private agency or organization, within or without the state,
that is authorized and qualified to provide the care, treatment,
or placement required, including, but not limited to, a school,
camp, or facility operated under section 2151.65 of the Revised
Code;
(3) Place the child in a detention facility or district
detention facility operated under section 2152.41 of the Revised
Code, for up to ninety days;
(4) Place the child on community control under any sanctions,
services, and conditions that the court prescribes. As a condition
of community control in every case and in addition to any other
condition that it imposes upon the child, the court shall require
the child to abide by the law during the period of community
control. As referred to in this division, community control
includes, but is not limited to, the following sanctions and
conditions:
(a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the child in accordance with sanctions imposed by the
court;
(b) A period of intensive probation supervision in which the
child is required to maintain frequent contact with a person
appointed by the court to supervise the child while the child is
seeking or maintaining employment and participating in training,
education, and treatment programs as the order of disposition;
(c) A period of day reporting in which the child is required
each day to report to and leave a center or another approved
reporting location at specified times in order to participate in
work, education or training, treatment, and other approved
programs at the center or outside the center;
(d) A period of community service of up to five hundred hours
for an act that would be a felony or a misdemeanor of the first
degree if committed by an adult, up to two hundred hours for an
act that would be a misdemeanor of the second, third, or fourth
degree if committed by an adult, or up to thirty hours for an act
that would be a minor misdemeanor if committed by an adult;
(e) A requirement that the child obtain a high school
diploma, a certificate of high school equivalence, vocational
training, or employment;
(f) A period of drug and alcohol use monitoring;
(g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level of security for the child as determined necessary by
the court;
(h) A period in which the court orders the child to observe a
curfew that may involve daytime or evening hours;
(i) A requirement that the child serve monitored time;
(j) A period of house arrest without electronic monitoring or
continuous alcohol monitoring;
(k) A period of electronic monitoring or continuous alcohol
monitoring without house arrest, or house arrest with electronic
monitoring or continuous alcohol monitoring or both electronic
monitoring and continuous alcohol monitoring, that does not exceed
the maximum sentence of imprisonment that could be imposed upon an
adult who commits the same act.
A period of house arrest with electronic monitoring or
continuous alcohol monitoring or both electronic monitoring and
continuous alcohol monitoring, imposed under this division shall
not extend beyond the child's twenty-first birthday. If a court
imposes a period of house arrest with electronic monitoring or
continuous alcohol monitoring or both electronic monitoring and
continuous alcohol monitoring, upon a child under this division,
it shall require the child: to remain in the child's home or other
specified premises for the entire period of house arrest with
electronic monitoring or continuous alcohol monitoring or both
except when the court permits the child to leave those premises to
go to school or to other specified premises. Regarding electronic
monitoring, the court also shall require the child to be monitored
by a central system that can determine the child's location at
designated times; to report periodically to a person designated by
the court; and to enter into a written contract with the court
agreeing to comply with all requirements imposed by the court,
agreeing to pay any fee imposed by the court for the costs of the
house arrest with electronic monitoring, and agreeing to waive the
right to receive credit for any time served on house arrest with
electronic monitoring toward the period of any other dispositional
order imposed upon the child if the child violates any of the
requirements of the dispositional order of house arrest with
electronic monitoring. The court also may impose other reasonable
requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time served on house arrest with electronic monitoring or
continuous alcohol monitoring or both toward any other
dispositional order imposed upon the child for the act for which
was imposed the dispositional order of house arrest with
electronic monitoring or continuous alcohol monitoring. As used in
this division and division (A)(4)(l) of this section, "continuous
alcohol monitoring" has the same meaning as in section 2929.01 of
the Revised Code.
(l) A suspension of the driver's license, probationary
driver's license, or temporary instruction permit issued to the
child for a period of time prescribed by the court, or a
suspension of the registration of all motor vehicles registered in
the name of the child for a period of time prescribed by the
court. A child whose license or permit is so suspended is
ineligible for issuance of a license or permit during the period
of suspension. At the end of the period of suspension, the child
shall not be reissued a license or permit until the child has paid
any applicable reinstatement fee and complied with all
requirements governing license reinstatement.
(5) Commit the child to the custody of the court;
(6) Require the child to not be absent without legitimate
excuse from the public school the child is supposed to attend for
five or more consecutive days, seven or more school days in one
school month, or twelve or more school days in a school year;
(7)(a) If a child is adjudicated a delinquent child for being
a chronic truant or a habitual truant who previously has been
adjudicated an unruly child for being a habitual truant, do either
or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section, except that the court shall not commit the child to a
facility described in division (A)(2) or (3) of this section
unless the court determines that the child violated a lawful court
order made pursuant to division (C)(1)(e) of section 2151.354 of
the Revised Code or division (A)(6) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an unruly child for being a habitual truant and the
court determines that the parent, guardian, or other person having
care of the child has failed to cause the child's attendance at
school in violation of section 3321.38 of the Revised Code, do
either or both of the following:
(i) Require the parent, guardian, or other person having care
of the child to participate in a truancy prevention mediation
program;
(ii) Require the parent, guardian, or other person having
care of the child to participate in any community service program,
preferably a community service program that requires the
involvement of the parent, guardian, or other person having care
of the child in the school attended by the child.
(8) Make any further disposition that the court finds proper,
except that the child shall not be placed in any of the following:
(a) A state correctional institution, a county, multicounty,
or municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held;
(b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections 5139.41 to 5139.43 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the department of youth services for institutionalization or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in addition
to any order of disposition made under division (A) of this
section, the court, in the following situations and for the
specified periods of time, shall suspend the child's temporary
instruction permit, restricted license, probationary driver's
license, or nonresident operating privilege, or suspend the
child's ability to obtain such a permit:
(1) If the child is adjudicated a delinquent child for
violating section 2923.122 of the Revised Code, impose a class
four suspension of the child's license, permit, or privilege from
the range specified in division (A)(4) of section 4510.02 of the
Revised Code or deny the child the issuance of a license or permit
in accordance with division (F)(1) of section 2923.122 of the
Revised Code.
(2) If the child is adjudicated a delinquent child for
committing an act that if committed by an adult would be a drug
abuse offense or for violating division (B) of section 2917.11 of
the Revised Code, suspend the child's license, permit, or
privilege for a period of time prescribed by the court. The court,
in its discretion, may terminate the suspension if the child
attends and satisfactorily completes a drug abuse or alcohol abuse
education, intervention, or treatment program specified by the
court. During the time the child is attending a program described
in this division, the court shall retain the child's temporary
instruction permit, probationary driver's license, or driver's
license, and the court shall return the permit or license if it
terminates the suspension as described in this division.
(C) The court may establish a victim-offender mediation
program in which victims and their offenders meet to discuss the
offense and suggest possible restitution. If the court obtains the
assent of the victim of the delinquent act committed by the child,
the court may require the child to participate in the program.
(D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the child caused, attempted to cause, threatened to cause,
or created a risk of physical harm to the victim of the act, the
court, prior to issuing an order of disposition under this
section, shall order the preparation of a victim impact statement
by the probation department of the county in which the victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal corporation, or another governmental entity. The court
shall consider the victim impact statement in determining the
order of disposition to issue for the child.
(2) Each victim impact statement shall identify the victim of
the act for which the child was adjudicated a delinquent child,
itemize any economic loss suffered by the victim as a result of
the act, identify any physical injury suffered by the victim as a
result of the act and the seriousness and permanence of the
injury, identify any change in the victim's personal welfare or
familial relationships as a result of the act and any
psychological impact experienced by the victim or the victim's
family as a result of the act, and contain any other information
related to the impact of the act upon the victim that the court
requires.
(3) A victim impact statement shall be kept confidential and
is not a public record. However, the court may furnish copies of
the statement to the department of youth services if the
delinquent child is committed to the department or to both the
adjudicated delinquent child or the adjudicated delinquent child's
counsel and the prosecuting attorney. The copy of a victim impact
statement furnished by the court to the department pursuant to
this section shall be kept confidential and is not a public
record. If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. The copies
of a victim impact statement that are made available to the
adjudicated delinquent child or the adjudicated delinquent child's
counsel and the prosecuting attorney pursuant to this division
shall be returned to the court by the person to whom they were
made available immediately following the imposition of an order of
disposition for the child under this chapter.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report.
(4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement.
(E) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an unruly child for being a habitual truant and the
court determines that the parent, guardian, or other person having
care of the child has failed to cause the child's attendance at
school in violation of section 3321.38 of the Revised Code, in
addition to any order of disposition it makes under this section,
the court shall warn the parent, guardian, or other person having
care of the child that any subsequent adjudication of the child as
an unruly or delinquent child for being a habitual or chronic
truant may result in a criminal charge against the parent,
guardian, or other person having care of the child for a violation
of division (C) of section 2919.21 or section 2919.24 of the
Revised Code.
(F)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are engaged within the scope of their supervisory duties or
responsibilities may search, with or without a warrant, the person
of the delinquent child, the place of residence of the delinquent
child, and a motor vehicle, another item of tangible or intangible
personal property, or other real property in which the delinquent
child has a right, title, or interest or for which the delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers have reasonable grounds to believe that the
delinquent child is not abiding by the law or otherwise is not
complying with the conditions of the delinquent child's community
control. The court that places a delinquent child on community
control under this section shall provide the delinquent child with
a written notice that informs the delinquent child that authorized
probation officers who are engaged within the scope of their
supervisory duties or responsibilities may conduct those types of
searches during the period of community control if they have
reasonable grounds to believe that the delinquent child is not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division (E)(2)
of this section to each parent, guardian, or custodian of the
delinquent child who is described in that division.
(2) The court that places a child on community control under
this section shall provide the child's parent, guardian, or other
custodian with a written notice that informs them that authorized
probation officers may conduct searches pursuant to division
(E)(1) of this section. The notice shall specifically state that a
permissible search might extend to a motor vehicle, another item
of tangible or intangible personal property, or a place of
residence or other real property in which a notified parent,
guardian, or custodian has a right, title, or interest and that
the parent, guardian, or custodian expressly or impliedly permits
the child to use, occupy, or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense or is a child-victim
oriented offense, the court in the order of disposition shall do
one of the following:
(1) Require that the child be provided treatment as described
in division (A)(2) of section 5139.13 of the Revised Code;
(2) Inform the person, organization, or entity that it is the
preferred course of action in this state that the child be
provided treatment as described in division (A)(2) of section
5139.13 of the Revised Code and encourage the person,
organization, or entity to provide that treatment.
Sec. 3109.90. (A) Except as otherwise provided under this
section, an agency, home, school, camp, institution, or other
entity or residential facility that is located in another state
and that receives a child from this state shall comply with all
standards that are established under Chapter 5103. or 5119. of the
Revised Code and all rules adopted under either chapter that are
applicable to an equivalent agency, home, school, camp,
institution, or other entity or residential facility located in
this state.
(B) No public money shall be paid to an agency, home, school,
camp, institution, or other entity or residential facility that is
located in another state and that does not comply with division
(A) of this section.
(C) The director of job and family services and the director
of mental health shall jointly adopt rules in accordance with
Chapter 119. of the Revised Code that do all of the following:
(1) Establish procedures for periodically verifying that an
agency, home, school, camp, institution, or other entity or
residential facility that is located in another state and that
receives a child from this state for placement or commitment, as
applicable, complies with division (A) of this section;
(2) Establish a list of agencies, homes, schools, camps,
institutions, or other entities or residential facilities located
in other states that are in compliance with division (A) of this
section;
(3) Establish procedures for the removal of a child from an
agency, home, school, camp, institution, or other entity or
residential facility that is located in another state and that
does not comply with division (A) of this section if that child is
from this state and has been placed in the agency, home, school,
camp, or other entity or residential facility or committed to the
institution;
(4) Establish fees applicable to agencies, homes, schools,
camps, institutions, or other entities or residential facilities
located in other states that receive children from this state;
(5) Establish any other procedures or requirements necessary
to implement this section.
(D) An agency, home, school, camp, institution, or other
entity or residential facility that is located in another state is
not required to be licensed or certified by the department of job
and family services or the department of mental health, as
applicable.
(E) A public children services agency, private child placing
agency, private noncustodial agency, court of common pleas,
probate court, juvenile court, or other entity responsible for
placing a child in an agency, home, school, camp, or other entity
or residential facility located in another state or committing a
child to an institution located in another state shall ensure that
the agency, home, school, camp, institution, or other entity or
residential facility is listed in accordance with rules adopted
under this section as being in compliance with division (A) of
this section.
(F) As used in this section:
(1) "Institution" has the same meaning as in section 5119.50
of the Revised Code.
(2) "Residential facility" has the same meaning as in section
5103.20 of the Revised Code.
Section 2. That existing sections 2151.353, 2151.354, and
2152.19 of the Revised Code are hereby repealed.
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